The URL can be used to link to this page

Home My WebLink AboutItem 12 An Annexation and Rezoning Ordinance Relating to Grace Community Faith Church c.enter of Good L . P6 AGENDA ITEM COVER SHEET Meeting Date: March 1, 2005 Contact Name: Contact Number: Item # ~ j~1 Terry L. James 407 -905-3100/1018 Reviewed By: Department Director: City Manager: Subject: Grace Community of Faith Church AX-03-06-08: Annexation Ordinance Zoning Ordinance 1-6SE-002: Special Exception Application Background Summary: Grace Community of Faith Church is requesting the annexation of a 6.92-acre parcel, a change of zoning from Orange County Residential (RC-E) to the City of Ocoee Low Density Residential (R-I-AA), and the approval of the special exception within the R-I-AA zoning district to allow for a church use. Issue: Should the Mayor & City Commissioners adopt the Annexation Ordinance and Rezoning Ordinance, and approve the Special Exception Application for the Grace Community of Faith Church? Recommendations Based on the recommendations of the DRC and the Planning & Zoning Commission, Staff recommends that the City Commission adopt the Annexation Ordinance and Rezoning Ordinance bringing the property into the City and changing the subject property to R-I-AA: Single Family Residential, and approve the Special Exception Application for the church use subject to the inclusion of two additional provisions listed on the "Special Exception Conditions of Approval". Attachments: Location Map Future Land Use Map Zoning Map Annexation Ordinance Rezoning Ordinance Financial Impact: Unknown Type of Item: o Public Hearing ~ Ordinance First Reading o Ordinance First Reading For Clerk's Deof Use: o Consent Agenda o Public Hearing o Discussion & Direction D Original Document/Contract Attached for Execution by City Clerk D Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) o N/A o N/A o N/A center of GOOd LJ "i.~e.. . .'~ ~ Commissioners Dannv Howell. District 1 Scott Anderson. District 2 Rustv Johnson. District 3 Nancv J. Parker. District 4 Mayor S. Scott Vandergrift City Manager Robert Frank STAFF REPORT The Honorable Mavor and City Commissioners Terry L. James, Principal Planner j C.J Y THROUGH: Russ Wagner, Community Development Director TO: FROM: ~ DATE: February 18 2005 RE: Grace Community of Faith Church AX-03-06-08: Annexation Ordinance Zoning Ordinance 1-6SE-002: Special Exception Application ISSUE: Should the Mayor & City Commissioners adopt the Annexation Ordinance and Rezoning Ordinance, and approve the Special Exception Application for the Grace Community of Faith Church? BACKGROUND: General Location: The property is located at 8900 Old Silver Star Road southwest of the intersection of Silver Star Road and Old Silver Star Road and east of Johio Shores Road. This 6.92-acre parcel is the southern-most property in an Orange County enclave. The Orange County Property Appraiser Parcel Identification Number is 15-22-28-4716-00-130. Actual land use, proposed development and unique features of the subiect property: The property is vacant and tree covered. The applicant is proposing a church and an associated religious-education building. The property has no unique features. Future land use & requested initial zoning classification: CLASSIFICATION: CURRENT PROPOSED Future Land Use Orange Countv/Low Densitv Residential Ocoee/Low Density Residential Zoning Orange County/Residential (RC-E) Ocoee/Single Family Dwelling (R-l-AA) with a Special Exception The current future land use and zonina classifications of the surroundina properties: DIRECTION: North East South West The subject property is designated "Low Density Residential" on the Joint Planning Area (JPA) Land Use Map. The application has requested an Ocoee initial zoning classification of R-1-AA with a special exception for a church and an associated religious-education building. This initial zoning is consistent with the JPA Land Use Map designation. Infrastructure: . Water: City water is available with a 12-inch water line located on Johio Shores Road to the west. . Sewer: City sewer is also available with a 6-inch force main at Johio Shores and Johio Bay Roads. . Roads/Level of Service: ROADWAY FROM TO ADOPTED PERCENTAGE OF LOS ADOPTED LOS Johio Shores Rd. Silver Star Rd. A.D. Mims Rd. D 8% Clarke Rd. White Rd. Silver Star Rd. D 75% Silver Star Rd. A.D. Mims Rd. D 46% Silver Star Rd. Clarke Rd. Johio Shores Rd. E 77% Johio Shores Rd. Good Homes Rd. E 75% CONSISTENCY WITH STATE & LOCAL REGULATIONS: Annexation: With respect to State annexation criteria, Chapter 171.044, Florida Statutes grants municipalities the authority to annex contiguous, compact, non-circuitous territory as long as it does not create an enclave. The requested annexation is the southern-most parcel in an existing enclave. This annexation would reduce the area of a previously created enclave. Joint Planning Area Agreement: The subject property is located within the Ocoee-Orange County Joint Planning Area and is being considered for annexation as outlined in the JP A Agreement. This annexation will not require a comprehensive plan amendment per subsection 8-B of this agreement and is consistent with subsection 6-D. Orange County has been notified of this petition in accordance with Subsection 13-A of the City of Ocoee-Orange County Joint Planning Area Agreement. We have received no comments as of the date of this report. Comprehensive Plan: The annexation is consistent with the Future Land Use Element Policy 2.5 that states in part, "The City shall consider requests for voluntary annexation into the City when those lands are logical extensions of existing City limits, when services can be properly provided and when proposed uses are compatible with the City's Comprehensive Plan, the JP A Agreement and the City's Annexation Policy...." DISCUSSION: ANNEXATION & INITIAL ZONING Annexation Feasibility & Public Facilities Analysis Report: Based upon the projected impact of the proposed residential use and the size of the parcel as summarized above, Staffhas determined that the City could adequately provide a range of urban services to the subject property. In conclusion, the subject property's proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. The requested Future Land Use Classification is consistent with the Ocoee Future Land Use Map and the lP A Land Use Map. Finally, the requested zoning is also consistent and compatible with the surrounding properties. DISCUSSION: SPECIAL EXCEPTION According to "Table 5-1: Permitted Use Regulations" contained in the Ocoee Land Development Code (LDC), church uses are permitted as a special exception in the following residential zoning classifications: R-I, R-IA, R-I-AA, R-1-AAA, R-2, and R-3. Special Exceptions are defined in Subsection 2-4.C (282) of the City ofOcoee LDC as: A special exception is a use that would not be appropriate without restrictions throughout the zoning division or district. However, if controlled as to number, area, location or relation to the neighborhood, would promote the public health. safety. welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare, such uses would be appropriate. (Emphasis added) In accordance with Subsection 4-8.B. (2) of the Ocoee LDC, Staff must also consider the proposed use in relation to the compatibility with surrounding land uses. Additionally, Staff must also consider the overall health, safety, and welfare in relation to the surrounding land uses. The Applicant proposes a 20,373 square foot multi-purpose building and the associated parking spaces for a church use in Phase I and an additional sanctuary (13,743 square feet) and a chapel (2,750 square feet) with additional parking spaces for Phase II. The proposed uses are compatible with the surrounding residential zoning districts. The Applicant has met the above proposed requirements for the Special Exception petition as shown in the "Preliminary Site Planfor Special Exception" stamped date September 10,2005; however, the Applicant did not include two provisions required in the "Special Exception Conditions of Approval". Staff has informed the Applicant of the necessity to include these provisions prior to the approval of this special exception for church use in an area zoned residential. These provisions are as follows: · The Final Site Plan shall comply with the Special Exception Preliminary Site Plan as approved by the City Commission; and · Prior to the approval of the Final Site Plan for the project, or any portion thereof, the Applicant/Owner will need to apply for and obtain a Final Certificate of Concurrency pursuant to Article IX of the Ocoee Land Development Code. Neither the review of the application/project by the City nor the granting of any approvals in connection with such review shall be construed to grant the Applicant/Owner any entitlement to obtain a Final Certificate of Concurrency with respect to all or any portion of the project or to create any exception from the provisions of Article IX of the Ocoee Land Development Code. This request for the additional language was sent to and acknowledged by the applicant's representative on January 26, 2005; however, none of the required language for the Special Exception "Conditions of Approval" has been received as of the date of this report. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: On January 26, 2005, the Development Review Committee (DRC) reviewed the proposed annexation of the Grace Church property and the special exception church use as illustrated in the "Preliminary Site Plan for Special Exception" date stamped September 1 0, 2004. After reviewing the "Annexation Feasibility & Public Facilities Analysis Report", the DRC recommended the annexation of the subject property. The DRC also recommended the approval of the special exception application subject to the inclusion of the above provisions in the "Special Exception Conditions of Approval". (tlote: The DRC does not consider rezoning applications.] PLANNING & ZONING COMMISSION RECOMMENDATION: On February 8, 2005, the Planning & Zoning Commission reviewed the annexation, rezoning & special exception application for the Grace Community of Faith Church. The Reverend Larry Ware, the applicant and Roger L. Caculitan, the applicant's representative/engineer were present to answer questions concerning the project. Reverend Ware indicated that the church use was actually approved in Orange County, but after the approval, he realized that he must annex into the City to receive water and sewer service. He also clarified that this was an active church that would be relocating from downtown Orlando to this site; church membership was 300 with approximately 200 active members. Russ Wagner, the Community Development Director, stated that the annexation, rezoning, and special exception would be considered separately from the site plan and that there would be a separate public hearing for the site plan approval. Upon questioning from the P&Z Commission members concerning the proximity of the church in relation to possible alcohol consumption in the C-2: Commercial zoning district to the southwest on Silver Star Road, the Community Development Director indicated that the C-2 zoning district would still be able to allow restaurant uses that served alcohol, but not bars. The public hearing was then opened and one citizen requested to speak. Gary Thomas (2641 Florence Street in unincorporated Orange County) indicated that he was not opposed to the church use at this site; however, when Orange County approved the plans they were completely different from the current site plan. He speculated that the church applied for annexation because they could not get these plans approved in Orange County. The Community Development Director stated that the reason the church requested annexation was, as Reverend Ware indicated, to receive water and sewer services at that site. He also clarified that all churches were reviewed using Ocoee's commercial regulations. After closing the public hearing, the P&Z Commission voted unanimously to recommend that the City Commission adopt the Annexation Ordinance and Rezoning Ordinance bringing the property into the City and changing the subject property to R-I-AA: Single Family Residential, and approve the Special Exception Application for the church use within the R-1-AA zoning district subject to the inclusion of two additional provisions listed above on the "Special Exception Conditions of Approval". STAFF RECOMMENDA nON: Based on the recommendations of the DRC and the Planning & Zoning Commission, Staff recommends that the City Commission: . Adopt the Annexation Ordinance bringing the property into the City; . Adopt the Rezoning Ordinance and changing the subject property to R-I-AA: Single Family Residential; and . Approve the Special Exception Application for the church use within the R-I-AA zoning district subject to the inclusion of two following additional provisions: o The Final Site Plan shall comply with the Special Exception Preliminary Site Plan as approved by the City Commission; and o Prior to the approval ofthe Final Site Plan for the project, or any portion thereof, the Applicant/Owner will need to apply for and obtain a Final Certificate of Concurrency pursuant to Article IX ofthe Ocoee Land Development Code. Neither the review of the application/project by the City nor the granting of any approvals in connection with such review shall be construed to grant the Applicant/Owner any entitlement to obtain a Final Certificate of Concurrency with respect to all or any portion of the project or to create any exception from the provisions of Article IX of the Ocoee Land Development Code. Attachments: Location Map Future Land Use Map Zoning Map Annexation Ordinance Rezoning Ordinance O:\Staff Reports\2005\SR050 1 0_ TJ _Grace Church_ CC.doc Grace Community Church of Faith Location Map =~i;5 / ~ --{\h~ ~ ~ II ~ IH pW-DS I ~bRt I I TtfjjJ1J2r1 - I ltW u f- c-----y;~ '--rM - ~ ! -./ -e f- f- ...J~ie.-- - ~ r-~~'j! 1 ~ ~ ~ ...J 1- ~ ~ f---/ I I . 1- \ _ f- - f-- r------------- tiCl llyal 1Ie::\.r I-- e.-- B f-- - f-- ../' ~ - '---- '--- ~ - I- I Ll J,(~ "T.J1NLE-\. / I IVI '1'''1''1' lA~~ \ I I I- - I- 'C '"': J ~ I I I ~~ SPlklllJdFIF ril I - ( ~ I I I I ~ ~ ~:= ~ ~~ [Ifr f-WI- ~~J I N~W v~ ~ co f- f- f-r-t; f- I- f- (l t r-.- " f- _. e.--f--U. f-- I- f- r--\ --< ." gj z ~ - :::: ~ I-rm I ~~ 0 z > w f- -- IWFRBN F ~ 0 ::> ~ -~ - ~ ~ ~ ~- () ::2: ~ r- C----j - \ II 1/ _ LAKE JOHIO 0 Inl~ ~ r-r- L--I- ~VER STAR z ~ ~ ~ ~ l() h ~ ~ J- ~ I--- D ~ \ ,,~ ~ - I--- ~_ I ~~6i4",.11 I I J~/~ ~ /~G . ~IH WJa ~ ~ \~lltWJr IG~9 YVVI L I I or I I I I \ ~ A (kh~d I I 1 IR=/ --- Ifr J I I \\::: / I--- - Q SILVER STAR ~ o I z ~ l(r I~ I I ~ ~AS$I~Q~~ e.-- =~ I WJt -e.-- Y I - ~ C ~--.-J l!!:i -- I \~ - I IW - - 1 1 I I I~J - -< - - ~ ~r I I I I ) I I ~<v wl ~~ItNld/l~ C7 ~ I -- f--1-- ~ 11~ \ \- I- ~ - = :=:= ----' [~ f--~" f-- ~ \- - f--f- _ ( \- ~ (I \ I I I - - f--f- --I ~ -11~ r ~ \ LAKE FLORENCE f-----j e.-- / I I Grace Community of Faith Church Surrounding Zoning Map ::::c: - STANLEY LAKE JOHIO ~ e Ocoee Community Development\IBpa 1 inch equals 600 feel 200100 0 200 400 600 Feet I Printed: October, 2004 ~~ I j ... irlf! W3M!'i ~e ~IIr '--.r:" .~ ~ II ";';"':@... ;,mm ~UD~l ~~~ CSUbject Property EEl Unincorporated Territory and Other Municipalties Zoning Classification: General Agricultural (A-1) _ Suburban (A-2) Single-Family Dwelling (R-1AAA) I Single-Family Dwelling (R-1AA) _ Single-Family Dwelling (R-1A) _ Single-Family Dwelling (R-1) _ One- & Two-Family Dwelling (R-2) _ Multiple-Family Dwelling (R-3) _ Mobile Home Subdivision (RT-1) _ Professional Offices & Services (P-S) _ Neighborhood Shopping (C-1) _ Community Commercial (C-2) _ General Commercial (C-3) _Restricted Manufacturing & Warehousing (1-1) _ General Industrial (1-2) m Commercial (PUD) m Low Density (PUD) _ Medium Density (PUD) m:i High Density (PUD) _ Public Use (PUD) /' // Unclassified Lakes and Water Bodies Grace Community of Faith Church Surrounding Future Land Use Map I LAKE JOHIO z . e _1__1_ -1 inch equals 600 feet 400 600 Feet CSUbject Property = Unincorporated Territory LJ;I;lJ and Other Municipalties _ Low Density Residential _ Medium Density Residentia _ High Density Residential _ Professional Offices and Services _ Commercial _ Light Industrial _ Heavy Industrial _ Conservation/Floodplains _ Recreation and Open Space _ Public Facilities/Institutional Lakes and Water Bodies 2004 October, Printed: ~ I - 1Trr1i=1 ~!Ji [fJ ffl SIN T ~ ~ Wll-j ORDINANCE NO. (Annexation Ordinance For Grace Community of Faith Church) TAX PARCEL ID: 15-22-28-4716-00-130 CASE NO. AX-03-06-08: Grace Community of Faith Church AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 6.92 ACRES LOCATED SOUTHWEST OF THE SILVER STAR ROAD AND OLD SILVER STAR ROAD INTERSECTION AND EAST OF JOHIO SHORES ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 171.044, Florida Statutes, the owners of certain real property located in unincorporated Orange County, Florida, as hereinafter described, have petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to annex said real property into the corporate limits of the City of Ocoee, Florida; and WHEREAS, the Ocoee City Commission has determined that said petition bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida; and WHEREAS, notice of the proposed annexation has been published pursuant to the requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E) of Article V of Chapter 180 of the Code of Ordinances of the City ofOcoee (the "Ocoee City Code"); and WHEREAS, on February 11, 1994, Orange County and the City ofOcoee entered into a Joint Planning Area Agreement (the "JPA Agreement") which affects the annexation of the real property hereinafter described; and WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida, has reviewed the proposed annexation and found it to be consistent with the Ocoee Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, to be 006.362224.1 -1- . consistent with the JP A Agreement, and to be in the best interest of the City of Ocoee and has recommended to the Ocoee City Commission that it approve said annexation petition; and WHEREAS, the Ocoee City Commission has the authority, pursuant to Section 171.044, Florida Statutes, to annex said real property into its corporate limits upon petition of the owners of said real property; and WHEREAS, the Ocoee City Commission is desirous of annexing and redefining the boundary lines of the City ofOcoee, Florida, to include said real property. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida Statutes, and Section 7 of Article 1 of the Charter of the City of Ocoee, Florida. Section 2. The Ocoee City Commission hereby finds that the petition to annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida, bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida. Section 3. The following described real property located in unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of Ocoee, Florida: SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF). Section 4. A map of said land herein described which clearly shows the annexed area is attached hereto and EXHIBIT "B" and by this reference is made a part hereof. Section 5. The Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the JP A Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JP A Agreement, and the Ocoee City Code. Section 6. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. Section 7. The City Clerk is hereby authorized to update and supplement official City maps of the City ofOcoee, Florida, to include said land herein described and annexed. Section 8. The land herein described and future inhabitants of said land herein described shall be liable for all debts and obligations and be subject to all species of taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same privileges and benefits as other areas of the City of Ocoee, Florida. 006.362224.1 -2- Section 9. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 10. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 11. This Ordinance shall take effect' upon passage and adoption. Thereafter the City Clerk is hereby directed to file a certified copy of this Ordinance with the Clerk of the Circuit Court and the Chief Administrative Officer of Orange County, Florida and with the Florida Department of State within seven (7) days from the date of adoption. PASSED AND ADOPTED this _ day of ,2005. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS DAY OF , 2005 ADVERTISED AND READ FIRST TIME , 2005. READ SECOND TIME AND ADOPTED ,UNDER AGENDA ITEM NO. FOLEY & LARDNER LLP By: City Attorney 006.362224.1 -3- Exhibit "A" LEGAL DESCRIPTION "0 rNA T PART OF; -rNE NORrN '/ZO~ THE SOUrN'NEST 1/4- O~ ruE ~IC~TH\~ST 1/01., SECTlON 15, TOWNSHIP 22 SOUTH, RANGE 26 EAST, LYlNG WEST OF STATE ROAD 4:38; ALSO KNOWN AS LOTS 13 AND H, LAl<E PARK HIGHLANDS, LYlNG WEST OF STATE ROAD 4J8, SAID LAKE PARK HIGHLANDS SEING RECOqDEij IN PU,T SOOK -F-, PAGE 124, PUBUC RECORDS OF ORANGE COUNTY, FLORIDA - (SAID PROPERTY 8ElNG ~E SAME LANDS OE~r:O!>?r:f) IN Oi="F'ICI.<\I_ RF.:CORDS BOOK :3351, PAGE 2185, OF THE pueuc RECORDS 0" ORANGE COUNTY, FlORIO A.) LESS AND EXCEPT: COMMERCE AT THE POINT OF INTERSECTION OF THE \I1t::ST UNE OF THE NORTHWEST 1/4 OF SECTION 15, TOWNSHIP 22 SOUrN, RANGE 28 EAST, ORANGE COUNTY, FLORIDA W1rN THE CENTERLINE OF SURVEY OF S.R. 438 (SILVER STAR ROAD) AS SHOYtN ON FLORIDA :lEPAR'NENT OF TR~NSPORTATlON RIGK=!" OF WAY MAP SECTlON 75250-2525, SAID POINT BEING 809.965 METERS (2657.36 FEET) SOUrNOO"QA'12"\&,.-;::ST OC:- rNE NORrNWEST CORNER OF THE NORrNWC:ST 1/4 :OF SAID SECTlON 15, ALSO BEING A POINT ON A CURVE CONCAVE NORTH'M::STERLY HAVING A RADIUS OF 174,860 METERS (57:3.59 FEET) AND A CHORD SEARING OF NORrN76"39'50"EAST; rNENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID CENTERUNE OF SURVEY rNROUGH A. CENTRAL ANGLE OF 01"55'09" A DISTANCE OF S.S08 METERS (1S.38 FEET) TO A POINT OF INit:RSECTlON WITH Tl-lE SOUrn~l:l'- Y E>:ii::NSION OF rNE EASTERLY RIGHT OF WAY UNE OF JOHIO SHORES DRIVE AS SHO'M'l ON SAID RIGHT 01:' WAY MAP; T-l8'ICE DEPARTING SAID CURVE AND SAID CENit:RUNE OF SURI.fC:Y RUN NO~Tr-iQO'OA.'1 Z"EAST .^-LO'lG SA1D SOUTHERLY ~Xr::NSIC"'J ."~JD SAIQ EASTERLY RIGHT OF WAY UNE A DISTANCE OF 199.8J1 METERS (655.61 FEET) FOR Tl-lE POINT OF .BEGI~JNING: THENCE CONTlNUE ALONG SAID EASTERLY RIGHT OF WAY UNE NORTl-lOa'O~'12.EAST 5.J08 VETERS (17,41 FEET) : 'T1-"8-/CE SOUTH89'SS'.4.8-EAST :3.J5J METERS (11.00 FEET) : rNENCE NORrNOO'04'12"EAST70.762 METERS (232.16 FEET) TO Tr1E SEGI~jNING OF A NON-TANGENT CURVE CONCAVE NORTr-iEASTERL Y HAVING A RADIUS OF 82.2S7. I.('::TERS (269.66 FEET) AND A CHORD SEARING OF SOUTH4a'44'59"EAST; "THENCE DE? ARTlNG SAID EASTERLY RIGHT OF WAY LINE RUN SOUrNEASTERL Y ALONG rNE ARC OF SAID CURI.fC: rNROUGH A CENTRAL ANGLE OF 60'50'27.- ^ DISTANCE OF 87.339 I,!ETERS (286.501- FEET) TO "THE END OF SAID CURVE; THENCE SOUrN8:3'58'4:3"EAST ON A NON TANGENT UNE A DISTANCE OF 29,4:31 METERS (96,56 FEET) TO THE POINT OF CURVAlURE OF A CURVE CONCAVE NORTHWESTERLY HAVING A RI\D1US OC:- 7.600 METERS (24,9,J FEET) AND A CHORD BEARING OF' NORrN62'02'SS-EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57'56'38- A DISTANCE O~ 9,012 VETERS 29,57 FEET) TO " POINT OF TANGeNCY; THENCE NORrN28'04':39"EAST A DISTANCE OF 61. i 27 V.ETERS (200.55 FEET); THENCE SOUiH61'55'20"EAST A DISTANCE OF 1.000 METER (3.28 FEET) TO THE BEGINNINC OF AND RADIAL TO ^ CURVE CONCAVE SOUTHEASTERLy \.I,hVlNG A RADIUS OF 288.,300 METERS (9-4-5.66 FEET) AND A CHORD SEARING OF NORTH.4.6'Sa'20"EAST: iHENCE RUN NORTHEASTERLY ALONG rNE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF' 37'4.7'21. A DISTANCE OF 190.1-1.7 VETERS (57.J.e.... FEET) TO A POINT ON rNE NORTl-l UNE OF LOT 14 OF AFORESAID LAKE PARK HIGHLANDS; rNENCE NORTr-l89'SS'SZ- EAST ALONG SAID NOR"TH LINE AND AN EASTERLY EXTENSION rNEREOF ^ DISTANCE OF 52,291 METERS (171.5S FEIT) TO A POINT OF INTERSECTlON WlrN TriE CENTERUNE OF SURVEY OF" STATE ROAD 438, SAID POINT BEING A POINT ON ~. CU~VE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF" 174.860 ~ETERS (573.69 FEET) AND A CHORD SEARING OF SCUTl-l-1J3'S9'J7"\llEST ; rNENCE SOUiH~STERL Y ALONG THE ARC OF' SAID CURVE AND ALONG SAID CENTERUNE OF' SURVEY THROUGH A CENTRAL ANGLE OF' 56'08'15- A DISTANCE OF 171.325 METERS (S62.09 FEET) TO ^ POINT OF TANGENCY THENCe SCUTl-l20'SS'29"WEST AND CONTlNUING ALONG SAID CENTERUNE OF SURVEY A DISTANCE OF 101.599 METERS (.333.66 FEET) TO ^ POINT ON AN EASTERLY PROJECTlON OF lliE SOUTHERLY SOUNDARY OF LANDS DESCRIBED IN OFFlCIAL RECORDS SOCK .3,351, PAGE 2166, PUBUC RECORDS OF ORANGE COUNTY, FlORIDA: rNENCE RUN ALONG SAID EASTERLY PROJECTlON AND SOUTr-fERL Y BOUNDARY NORTH89'S9'SS"we:ST 150.781 ~ETERS (527.50 FEET) TO THE POINT OF BEGIN~1!>,JG. CONTAINS 2.592 ACRES. MORE OR LESS, EXCLUSIVl;: OF EXISTlNG ROAD RIGHT OF WAY. CONTAINING 6,92 ACRES OR J01,3.t..5.2.5 SCIJ..\.~:: r::;:r;:T l.cORr:: 0~ 1_~SS. Exhibit "B" Grace Community Church of Faith Location Map ~~~ ti ~/T~l)~~~:::: LJIII EHPill~oo ~bRV 11J1ff];7f!l ~ I I r1\/t t:-fS ~ e-YE i '-11= ~ I---?I~-(/ I \ J-- --;;;;;;l f-- f-- ....J - ~ !------- ~ 9 I ----r-. f-- I--- e- - f-- '-- '---- ~()W41 1. /' ~ I f-- f-- f-- B ~ f--- '-- ../ I'-- ~ '--- ~ ~ f--- - I A VC ~TANLE't / I I IV~ 1'"I'~ 4A~~ \ I I f- '- (0 l<<v I I b II R:tJ~ I ril I ~ - I D [>?L: I I I I l<,'l =::::;z, e- -LJ ~ := ~ t> N ~~~ III ~ I w~ ~ ~______ / ~",I~ z .L_~ J= t=// I ~ ~ 0 ;; w ~ 1-1"" l- e-- WRBNI F ~ 0::> - ~ - ~ = :=~\'- o ~ _ '-- ~ ~I/ I I I V_LAKE JOHIO 0 ~F~ ~ '^~ L-- - s[VER STAR z ~ ~,.- (\ H r-: ~ ~ J- ~ f----- ) '<- ') ,,~ f-- ;=: '- f----- E= I ~~.?'J-9<-.I I I J~/:= ~ -; K e- . ~~ I ~~~~~ffi~~ tIJ1tj ~ ~ ~ ~ EIB~-_ SILVER STAR --d" (JG~IF rVIf L I I ap I I I I \ ~ ~z A_dL l~ I ~ c I -R~ ~ I ~ dASSI~GH}\ij I ~ :=_;-; I IE; -0' I\L- ~ ~ (-~ fj ,?j f-- I I I 1...../ e- ~ e- ~ ~ ~ I IIIJJJJJ I I ~~ -f e E>-{\ I ---LUlJJJ "-~~FfNld~l~ LAKE FLORENCE -It ~ ~ ~I--- 1---- ill 11 \ \ '\ - f----::t'\. "- - I--- - f--- ~I - , '\. "- - I---- - __ - ~ y ~ - I---J-- _ /--- _ I---- 1 ( I I I I I I I - f--J.-- f--- f - ~ ~ - / ORDINANCE NO. (Rezoning Ordinance for Grace Community of Faith Church) TAX PARCEL ID: 15-22-28-4716-00-130 CASE NO. AX-03-06-08: Grace Community of Faith Church AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY RC-E, "RESIDENTIAL-COUNTRY ESTATE" TO OCOEE R-I-AA, "SINGLE F AMIL Y DWELLING," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 6.92 ACRES LOCATED SOUTHWEST OF THE SILVER STAR ROAD AND OLD SILVER STAR ROAD INTERSECTION AND EAST OF JOHIO SHORES ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner or owners (the "Applicant") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone said real property (the "Rezoning"); and WHEREAS, the Applicant seeks to rezone certain real property containing approximately 6.92 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County RC-E, "Residential-Country Estate District," to Ocoee R-I-AA, "Low Density Residential;" and WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee City Code"), the Director of Planning has reviewed said Rezoning application and determined that the Rezoning required by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted September 18,1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, the rezoning requested by the Applicant is consistent with the Joint Planning Area Agreement entered into February 11, 1994 by and between Orange County and the City of Ocoee, as amended (the "JP A Agreement"); and WHEREAS, pursuant to the provisions of Section 6(B) of the JP A Agreement, the City has the authority to establish zoning for the real property hereinafter described and to immediately exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida Statutes; and 006.362220.1 WHEREAS, said Rezoning application was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission"); and WHEREAS, on February 8, 2005 the Planning and Zoning Commission held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and is in the best interest of the City and recommended to the Ocoee City Commission that the zoning classification of said real property be rezoned as requested by the Applicant, and that the Ocoee City Commission find that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, on , 2005 the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed Rezoning of said real property and determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041 (3)(a), Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authoritv. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION 2. Rezonine:. The zoning classification, as defined in the Ocoee City Code, of the Property described in Exhibit "A" containing approximately 6.92 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County RC-E, "Residential-Country Estate District," to Ocoee R-l-AA, "Low Density Residential." A map of said land herein described which clearly shows the area of Rezoning is attached hereto as Exhibit "B" and by this reference is made a part hereof. SECTION 3. Comprehensive Plan. The City Commission hereby finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. Zonine: Map. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5-1 (G) of Article V of Chapter 180 of the Ocoee City Code. SECTION 5. Conflictine: Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 6. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of 006.362220.1 2 competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 7. Effective Date. This Ordinance shall take effect immediately upon passage and adoption. PASSED AND ADOPTED this _ day of ,2005. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED ,2005 READ FIRST TIME ,2005. READ SECOND TIME AND ADOPTED ,2005. Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY This day of ,2005. FOLEY & LARDNER LLP By: City Attorney 006.362220.1 3 Exhibit "A" LEGAL DESCRIP110N -:. TrlAT PART OF; "THE NORTH 1/2 0;: r...,E SOUTH','/EST 1/4 0;: TI-'E NC~iH\'!EST 1/~, SEC1l0N 15, TOWNSHIP 22 SOUTH, RANGE 26 EAST, L'flNG WEST OF STATE ROAD 438; ALSO KNOWN AS LOTS 13 AND 14-, LA.I(E PARK HIGHLANDS, LYlNG WEST OF STATE ROAD 4J8, SAID LAKE PARK HIGHLANDS BEING RJ::CC~D:::i) IN PU,T 800K "F", PAGE: 124, puauc RECORDS OF ORANGE COUNTY, FLORIDA" (SAID PROPERTY SEING i1-!E SAME LANDS OESc:01l?::iJ 1"1 OFF1Cl.~I_ RF.CQRDS SOOK 3351, PAGE 2185, OF THE puauc RECORDS Or:- ORANGE COUNTY, FLORIDA.) LESS AND EXCEPT: COMMERCE AT 1l-lE POINi OF INTERSECTlON QF 1l-lE \lt1::ST UNE OF 1l-lE NOR11-lWEST 1/4. OF SECTION IS, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA WITH T'ME CENTERLINE OF SURVEY OF' S.P., 4.38 (SILve:R STAR ROAD) AS SHOYtN ON FLORIDA DEPARTlwlENT OF TR~NSPORTAT10N RIGH=r OF WAY MAP SEC1l0N 75250-252.5, SAID POINT BEING 809.965 METERS (2657,.:36 FEET) SOUTHOO'OA.'1 2"\~ST O~ 1l-lE NORTHWEST CORNER OF THE NORTH~ST 1/4 :OF" SAID SEC1l0N 15, ALSO BEING A POINT ON A CUR~ CONCA'1t NOR-n1WESTERLY HAVING A RADIUS OF 174.860 METERS (S73.69 FEET) AND A CHORD 8EARING OF" NOR11i78'39'SO"E,'\ST; 1l-lENCE RUN NORTHEASTERLY ALONG TME ARC OF" SAID CUR~ AND ALONG SAID CENTERUNE OF" SURVEY THROUGH ^. CENTRAL ANGLE OF 01'56'09" A DISTANCE OF' 5.908 MEiERS (19.38 F"EEn TO A POINT OF INiERSECi10N 'M11i 'THE SOU 11i:;:qL y EXl"1::NSION OF THE EASTERLY RIGHT OF WAY UNE OF" JOHIO SHORES DRIVE AS SHOWN ON SAID RIGHT 01:" WAY MAP; THF.J.ICE DEPARTlNG SAID CURVE AND SAID CENiERUNE OF SUR\l'CY RUN NO~THOO'OA.'1Z"EAST .^.LO'\JG $,\10 SOUTHERLY E>:;O::NSIC"J ,<\~JD SAIQ EASTERLY RIGHT OF" WAY UNE A DISTANCE OF 199.8031 METERS (655.61 FEET) FOR 'THE POINT OF. 8EG1~jNING: THENCE CONTINUE ALONG SAID EASTERLY RIGHT OF WAY UNE NORTHOQ'O~'12'EAST 5.J08 METERS (17.-<<-1 FEEi) ; TH8'ICE SOUTH89'S5'.4.8"EAST ;U53 M~P.S (11,00 FEET) : THENCE NOR11i00'04.'12"EAST70.752 METERS (2J2.16 FEET) TO THE 8EGI~INING OF A NON-TANGENT CURve: CONCAVE NORTHEASTERLY HAVING A RADIUS OF 82.257. M:::TERS (269.85 FEET) AND A CHORD SEARING OF SOU1l-l4-8'4.4'S9"EAST; THENCE DEPARTlNG SAID EASTERLY RIGHT OF WAY LINE RUN SOUTHEASTERLY ALONG 'THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF' 60'50'22" A DISTANCE OF 87.J39 V,ErERS (286.5+ FEET) TO THE END OF' SAID CURVE; -n1ENCE SOUTHSJ'S8'43-EAST ON A NON TANGENT UNE A DISTANCE 0;: 29.431 M~S (96.56 FEET) TO THE POINT OF CURVA1lJRE OF A CURVE: CONCAVE NORTHWESTERLY HAVllIlG A R,\DIUS 0'" 7.600 METERS (2"-,9:3 FEET) AND A CHORD BEARING OF NOR-n162'OZ'S8"EAST; TI-lENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE: THROUGH A CENTRAL ANGLE OF' 67'56'38" A DISTANCE 0;: 9.012 VETERS 29.57 FEET) TO ,\ POINT OF TAN GE:N CY: THENCE NORTH2S'04'J9"EAST A DISTANCE OF' 61. i 27 ~ETERS (200.55 FEET); THENCE SOUTHS1'SS'20"EAST ^ DISTANCE OF 1.000 METER (3.28 FEET) TO THE BEGINNING OF AND RADIAL TO A CURVE: CONCAve: SOU1l-lE^STERi~'( ~AV!NG ^ RAQlUS OF' 268.300 METERS (9+5.86 FEET) AND A CHORD BEARING OF NORTH.4.6'Sa'20"EAST: THENCE RU~1 NORTHEASTERLY ALONG THE ARC OF' SAID CURVE 11iROUGH A CENTRAL ANGLE OF 37'47'21" A DISTANCE OF 190,1;\.7 \lETERS (57.J.8A. FEET) TO A POINT ON THE NORTH UNE OF LOT 14 OF AFORESAID LAKE PARK HIGHLANDS; THENCE NORT..-lS9'SS'5Z" EAST ALONG SAID NORTH LINE AND AN EASTERLY EXTENSION THEREOF ^ DISTANCE OF" 52.291 METERS (171.SiS FEET) TO ^ POINT OF INTERSECTION 'M11i TriE CENTERUNE OF SUR'IC:Y OF STATE ROAD 438, SAID POINT BEING ^ POINT ON p, CU~VE: CONCAve: SOUTHEASTERLY HAVING A RADIUS OF 174.860 ~ETERS (57J.59 FtET) N10 A CHORD 8EARING O~ SCUTH0\J3'S9'J7"WEST : TrlENCE SOUTH~SitRLY ALONG THE ARC OF" SAID CURVE: AND ALONG SAID CENTERUNE OF SURVEY THROUGH A CENTRAL ANGLE OF 56'06'15- A DISTANCE OF 171.325 METERS (562.09 FEET) TO ^ POINT OF TANGENCY Tl-iENCF.: SOUTH20'SS'29-WEST AND CONTINUING ALONG SAla CENTERUNE OF' SURVD' A QISTANCE OF' 101.699 METERS (333.66 FEET) TO A POINT ON AN EASTERLY PROJECTION OF" THE SOUTHERLY BOUNDARY OF LANDS DESCRIBED IN OFFlCIAL FlECQRD3 aOOK JJS1. PAGE 2.186, PU8UC RECORDS OF ORANGE COUNTY, FLORIDA; 11iENCE RUN ALONG SAID EASTERLY PROJEC1l0N AND SOUrr-lERL Y 80UNDARY NORTH89'S9'S8"WEST 160.78i ~ETERS (527.50 FEET) TO 'THE POINT OF BEG1N~l!~G. CONTAINS 2.S92 ACRES, MORE OR LESS. EXCLUSIVE O~ EXISllNG ROAD RIGHT OF WAY. CONTAINING 6.92 ACRES OR JQ1,.jA..S.7.5 seljA;;: r:-:::,::: I.lOR::: ('=1 I_SSS. Exhibit "B" Grace Community Church of Faith Location Map 1~ ~ J~/!\~ ~ ~ I I Y / 1/FFr[]1/2[1 ~iJi iTT r'r\):(~;~ = l E~PIDijNDS; cbk'L ~ ~f ~=~c:::{( I T \ g ~ ~ ~'EM ~ ~ ~~ ~]1;! r----" 1d>f'lfvAI1;~^ibAIII~\ /' _I - - - tIi.m EB ~ - f-- lti: ../ "-- ---- ,;;;;;;;;, " r--- - -t..:: I l!vr= ~TANLE\' / I vr lJ'1If4'f 4A~~ \ -----, - 'ci: ; 1 k<J I I 1 1;111 -i@.~ I rIl I I ~ f- ( ~ I I I ~ = =f z II e--l ~ ~ , ( NEW \/Ir.tOR ~. - r- - ...... ---j f- '---- ~ lIll -~ IWL~ ~ - =111[----- /' . "JJ ~ z f-- ::j ~ -- ~ WRBN\ F ~ l5 ~ ~~ C- J~ ~\= t1 ~ -~ --viii I LAKE JOHIO 0 ~ ~tA~ ~'- SILVER STAR ~ ~\~ --=> ~ J-- ~z _ 0( r )' ,( := = = = :. T ~. J~ = V ~ '--- '---':;;: '.J..-f.-- SILVER STAR 11 IG~l:pVV~ L I I I or I I I \ ~ ~ A Lb~~ I w n - ~ al fl H= :/ -- ~ 1-1 l' dAssl~dHArIl / C ~I -ill ~ I' ~I~ d~/ / I I ~~ <<.\; /; - ~G:Nld 'lJ1ST.+, ?: LAKE FLORENCE7[ ====~ m\ ~ I-- ----< -- l =--JI =-4 -~ -l ~ - ~ i---I-- --I 1 I~ - >-- ~ I-- - >-- -- -- - ---j f---' ~ I I Q~I ~==rYfl\I\11